Antitrust Law Daily Wrap Up, PRIVACY NEWS: FTC approves iKeepSafe’s COPPA safe harbor program, (Aug 6, 2014)

By Greg Hammond, J.D.

The FTC has approved the Internet Keep Safe Coalition’s (iKeepSafe) application to serve as a safe harbor program for implementing the Children’s Online Privacy Protection Rule (COPPA). The approval comes after a public comment period and an amendment to iKeepSafe’s application.

According to the COPPA Rule, operators of websites directed at children 12 years of age and younger are required to provide notice and receive parental permission before collecting children’s personal information. To encourage flexibility and efficiency, the COPPA safe harbor provision encourages industry members to create their own COPPA oversight programs, which are known as “safe harbor” programs.

During the comment period, the Commission received two comments in support of iKeepSafe’s application, and two comments raising concerns over the use of “permissive” language throughout the coalition’s application. Consequently iKeepSafe modified the application and replaced permissive language with mandatory language. The Commission concluded that iKeepSafe’s amendment adequately addressed the public’s concerns.

In order to receive Commission approval, self-regulatory guidelines are required to include: “(1) a requirement that participants in the safe harbor program implement substantially similar requirements that provide the same or greater protections for children as those contained in the Rule; (2) an effective, mandatory mechanism for the independent assessment of the safe harbor program participants’ compliance with the guidelines; and (3) disciplinary actions for noncompliance by safe harbor participants.” According to its letter, the Commission has found that iKeepSafe’s application satisfied all three criteria.

The Commission approved iKeepSafe’s safe harbor application with a vote of 5-0. Consequently, iKeepSafe will be subject to the review and disciplinary procedures set forth in the safe harbor’s guidelines, as opposed to formal FTC investigation and law enforcement.

News: Privacy FederalTradeCommissionNews